HAR 11-850 — MEDICAL CANNABIS DISPENSARIES (Subchapter 1 to 11)

(a) A dispensary may voluntarily surrender a license to the department at any time. (b) If a dispensary voluntarily surrenders a license, the dispensary shall:(1) Return the license to the department; (2) Submit a report to the department including the reason for surrendering the…

(a) The dispensary licensee shall notify the department of any changes in contact information. (b) The dispensary licensee shall notify the department in writing no less than fourteen days in advance of any change that may affect the licensee's qualifications for licensure, and s…

(a) The license renewal fee shall be calculated by the department by determining and adding the applicable base fee for each production center owned, operated, or subcontracted by the licensee in accordance with subsection (b) and the base fee for each retail dispensing location …

Notes Haw. Code R. §§ 11-850-29 to 11-850-30 Res 2/24/2022 Res 4/29/2022 Res 11/17/2022 Res 12/6/2024

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the p…

(a) In all dispensary facilities, only the individual licensee, authorized employees of the dispensary, authorized employees of the subcontracted dispensary facilities, employees of a certified laboratory for analysis purposes, state employees authorized by the director, and law …

(a) Not less than thirty days prior to producing or manufacturing any cannabis or manufactured cannabis products at a licensed production center, a dispensary licensee shall provide the department with the address, tax map key number, and a copy of the premises title or lease, as…

(a) Not less than sixty days prior to opening a licensed retail dispensing location for business, a dispensary licensee shall provide the department with the address, tax map key number, and a copy of the premises title or lease, as applicable, of the proposed location of that re…

(a) A dispensary licensee shall establish and maintain written policies and procedures governing the qualifications, recruitment, hiring, and training of operators, employees, or subcontractors of production centers and retail dispensary locations. (b) No person under the age of …

(a) A dispensary licensee shall have available at each dispensary facility a time clock or ether adequate method to record the month, day, year, and time that each employee arrives at and leaves the facility. (b) Time record entries shall be made at the time an employee reports f…

(a) A dispensary licensee may transport cannabis and manufactured cannabis products between its facilities, between its facilities and a laboratory for analysis, and from its production center to the production center of another dispensary licensee that is purchasing the cannabis…

(a) Each dispensary licensee shall be subject to an annual announced inspection and unlimited unannounced inspections by the department, and inspections by any other government employee or official acting in an official capacity. Inspections for license renewals shall be unannoun…

(a) A dispensary licensee shall submit quarterly reports on January 31, April 30, July 31, and October 31. If the due date for submitting a quarterly report falls on a Saturday, Sunday, or State holiday, the report will be on time if it is submitted on the next day that is not a …

(a) A dispensary licensee shall annually obtain an independent financial audit from a licensed certified public accountant of all dispensary operations and assets in compliance with generally accepted auditing standards, at the dispensary licensee's expense, and shall provide a c…

Nothing in this chapter is intended to represent anything about the legality of the use or possession of cannabis pursuant to federal law. Notes Haw. Code R. § 11-850-4 [Eff DEC 14 2015] (Auth: HRS §§ 321-9, 329D-27) (Imp: HRS §§ 329D-1 to 329D-27) [Am and comp 2/24/2022] (Auth: …

(a) A dispensary licensee shall safeguard and keep confidential from public disclosure any personally identifying information and the medical condition of a qualifying patient or qualifying out-of-state patient. (b) A dispensary licensee shall prohibit photography or video record…

(a) A dispensary licensee shall maintain business operation records including but not limited to: (1) Inventory tracking including transport of cannabis and manufactured cannabis products; (2) Sales and compliance with dispensing limitations for each qualifying patient, primary c…

(a) A dispensary licensee may dispense to a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient any combination of cannabis or manufactured cannabis products that shall not exceed four ounces of cannabis during…

(a) A dispensary licensee or laboratory certified by the department to analyze cannabis and manufactured cannabis products shall dispose of or destroy unused, unsold, contaminated, or expired cannabis or manufactured cannabis products, or waste products resulting from the cultiva…

(a) Solvents used in producing manufactured cannabis products shall be of the highest purity, with the minimum standard being solvent intended to be safe for use in manufacturing a product for human consumption. (b) The following solvents shall not be used in the production of ma…

(a) A dispensary licensee that proposes to purchase cannabis or manufactured cannabis products from another dispensary licensee shall submit a proposed purchasing plan to the department on a form prescribed by the department. The proposed purchasing plan shall be submitted at lea…

Notes Haw. Code R. §§ 11-850-46 to 11-850-50 [Eff DEC 14 2015] (Auth: HRS §§ 321-9, 329D-27) (Imp: HRS §§ 329D-8, 329D-15, 329D-18, 329D-25) Res 2/24/2022 Res 4/29/2022 Res 11/17/2022 Res 12/6/2024

(a) The department may issue eight dispensary licenses statewide including three licenses for the city and county of Honolulu, two licenses for the county of Hawaii, two licenses for the county of Maui, and one license for the county of Kauai. No dispensary license shall be issue…

(a) All dispensary facilities shall have the following security features: (1) A video surveillance system professionally installed that allows for twenty-four hour continuous video monitoring and recording of all dispensary facilities as follows: (A) All video equipment used in a…

In addition to other security features required in this chapter and chapter 329D, HRS, all production centers shall have the following security features: (1) Secure fencing that surrounds the premises sufficient to reasonably deter intruders and prevent anyone outside the premise…

In addition to the other security features required in this chapter and chapter 329D, HRS, all retail dispensing locations shall have the following security features: (1) A protocol for admitting qualifying patients, primary caregivers, qualifying out-of-state patients, or caregi…

Notes Haw. Code R. §§ 11-850-54 to 11-850-60 Res 2/24/2022 Res 4/29/2022 Res 11/17/2022 Res 12/6/2024

(a) A dispensary licensee shall be allowed to operate up to three production centers. (b) Each production center shall be limited to no more than five thousand cannabis plants; provided that the department may determine whether a dispensary licensee shall be allowed an additional…

(a) A dispensary licensee shall track electronically the dispensary's inventory of cannabis and manufactured cannabis products through each stage of processing, from propagation to point of sale, disposal, or destruction, and maintain a record of clear and unbroken chain of custo…

Notes Haw. Code R. §§ 11-850-62 to 11-850-70 Res 2/24/2022 Res 4/29/2022 Res 11/17/2022 Res 12/6/2024

(a) A dispensary shall be allowed to operate up to two retail dispensing locations; provided that the department may determine whether a dispensary licensee shall be allowed no more than two additional retail dispensing locations. In considering whether to allow additional retail…

(a) A dispensary licensee may dispense cannabis only in the form of dried matured processed flowers of female cannabis plants. A dispensary licensee shall not add any other ingredient to cannabis in any way. (b) A dispensary licensee shall establish and maintain written standard …

(a) A dispensary licensee may manufacture cannabis products limited to: (1) Edible cannabis products as specified in section 11-850-76; (2) Ointments and skin lotions; (3) Transdermal patches; (4) Pre-filled and sealed containers used to aerosolize and deliver cannabis orally, su…

(a) A dispensary licensee shall determine the manufacturing activities required to produce the products intended for sale and shall obtain and maintain as current all required state and county permits or licenses for a particular manufacturing activity. (b) A dispensary licensee …

A dispensary licensee that produces manufactured cannabis products shall calculate the equivalent physical weight of the cannabis that is used to manufacture the product, and shall make available to the department and to consumers of the manufactured cannabis product the equivale…

(a) A dispensary licensee may manufacture edible cannabis products limited to the product types listed in subsection (b) and subject to all requirements and prohibitions in this section. A dispensary may manufacture product test batches as necessary to produce the documentation r…

(a) A manufactured hemp product used as an ingredient in a manufactured cannabis product shall be in compliance with all applicable requirements of chapter 11-37. (b) Crude extract used as a component in a manufactured cannabis product shall be in compliance with all applicable r…

(a) A dispensary licensee shall maintain records of all laboratory results, including the certificate of analysis required by section 11-850-135 (c), in accordance with section 11-850-41. (b) For cannabis and each manufactured cannabis product it dispenses, and prior to dispensin…

(a) Pre-rolled cannabis flower products shall consist only of dried processed cannabis flowers rolled in paper and may include a paper filter. A dispensary licensee shall not add any other ingredient to pre-rolled cannabis flower products in any way, including kief, hashish, or a…

(a) A person shall not be granted more than one dispensary license. (b) A dispensary license shall not be sold or otherwise transferred from one person to another person, except with the prior written approval of the department following notice given in accordance with section 32…

Notes Haw. Code R. §§ 11-850-80 to 11-850-109 Res 2/24/2022 Res 4/29/2022 Res 11/17/2022 Res 12/6/2024

(a) The provisions of this chapter and chapter 329D, HRS, shall apply to a subcontractor in the same manner as to a dispensary licensee, (b) A dispensary licensee shall not subcontract with any person who is subcontracted to another dispensary licensee for the production or dispe…